Terms and Conditions

Introduction

Lagelashoes.com website is operated by LaGela Pty Ltd trading as LaGela Shoes (ABN 25 644 840 031 and ACN 644 840 031). The postal address PO Box 631, Oxenford Qld 4210  Australia. Direct inquiries to admin@lagelashoes.com.  

In using our website you agree to be legally bound by these Terms and Conditions (T&C’s) and any other policy linked to our website including any purchases through the website (lagelashoes.com), use of our contact form as well as any related websites, URLs, social media platforms owned or operated by us and our services including its successors, assignees and associated bodies corporate (defined in the Corporations Act 2001 (Cth)) (LaGela Shoes or we or us), and agree to obey all applicable Laws and Regulations, whether domestic or international. 

LaGela Shoes reserves the right to amend these T&C’s from time to time as it sees fit.  Amendments come into effect immediately, and while we will try and notify you of these changes, use of the site after those changes take effect will constitute your agreement to those amendments.  While we don’t update our T&C’s regularly, we recommend you review our T&Cs when using our site.  

You must be 18 years+ (or under the supervision of a legal guardian) have read and understood our T&Cs and understand you are entering into a legally binding contract. 

Account Details

When creating an account, you are agreeing;  The details you provide to us are true and correct and are the authorised person of the contact details provided. You will keep your password and account details strictly confidential and maintain your account with current contact details at all times.  If LaGela Shoes at any time suspect your account of fraudulent activity, or alike we reserve the right to suspend your account and ask for identification to support you are whom you say you are.  Any cost associated with supplying us with this information will be your responsibility. LaGela Shoes reserves the right to terminate your account. 

If you wish to update your account details, please log into your account or contact us at admin@lagelashoes.com.

Cancelling or amending orders

Orders are processed without delay so there is only a small time frame in which you can cancel your order. Please contact us immediately at admin@lagelashoes.com to have your order cancelled – although we can’t guarantee cancellation of your order if it has already progressed to the packing stage.  

Delivery & Shipping 

Please refer to our Delivery & Shipping Policy.

Discounts, Promotions and Store Credits

Lagela Shoes reserves the right to modify, extend or terminate any promotional or coupon offer at any time and without notice.

Coupons/Discount Offers – the offer will come off the recommended retail price only and cannot be used in conjunction with other offers.  

Sale and discounted prices are only honoured at the time of purchase.  

Store Credits, Coupons & Discount Codes must be redeemed at the time of checkout and can not be refunded after payment is processed. 

Force majeure

You agree that LaGela Shoes will not be held liable if we are unable to honour our duty under these T&C’s due to any cause outside our control, including but not limited to; lightning, earthquake, fire, flood, severe weather, strike, lock-out, stand down, disputes, act of God, war, tsunami, riot, protest, civil commotion, damage, pandemic, any telecommunications or computer system failure, or compliance with any law, accident.

Indemnity & Release

You defend, indemnify, and hold us and our shareholders, directors, members, managers, officers, employees, agents and our related entities, suppliers, affiliates, their respective officers, agents, and employees, harmless from and against all claims, demands, proceedings, cost, expenses, (including legal fees) liabilities and damages (actual, special and consequential) of every kind and nature, arising out of, known and unknown, related to or associated with your use of the website, the content, the material you access, submit, transmit or make available through this website, or any breach of these terms or breach of any Law by you or a third-party.

Law Jurisdiction 

These T&C’s will be governed by and read in accordance with the laws of the State of Queensland, Australia.  You agree to make all submissions to the jurisdiction of the courts of the State of Queensland, Australia although may be accessed throughout Australia and Internationally. 

Links

You acknowledge and agree that any links contained on the website that is owned and operated by third-parties, we have no control and will not be held responsible for any content, information, hyperlinks, goods or services available on or contained in these third-party websites. 

Once you link with another website, it is at your own risk, and you are subject to the terms, policies, agreements and any other legal practices of that website. We accept no liability for any acts, omissions or defaults, whether negligent or otherwise, or any loss or damage by such negligent acts or omissions of any service provider or a third-party in respect of a linked site. 

Third-party links are for your information only this does not imply sponsorship, affiliation or endorsement of the linked website unless stated by LaGela Shoes in writing. 

We do not assume responsibility and do not provide any warranty regarding the merchantability, fit for purpose, accuracy, quality, source or any other aspect of the material or products on any linked sites; this includes infringing on intellectual property rights of any other person on any linked third-party site.

Orders

LaGela Shoes reserves the right to accept or reject your order or part of for any reason including, without limitation, inaccuracies or errors in goods or pricing information, unavailability of any goods, where fraud is suspected, limitations on quantities available for purchase, or if there is an error in your order.

Your order is only accepted once payment has been received in full (including any delivery and or other charges and taxes that may be applicable).  And you have received a shipment confirmation from us. 

If for any reason we can not fulfil your order we will notify you within a reasonable time. 

Any changes to your order you will be notified before shipment. 

Prices,  Payments & Products 

Prices displayed are shown in AUD currency (but can be changed with the selection on the website) and include Australian Goods & Services Tax (GST) unless otherwise stated.  

Displayed prices may not include shipping or delivery charges.

Sale prices will only be honoured at the time of purchase.  

If a product is discounted after you have purchased and paid for the product/s, we are not able to offer a refund for the difference between your price and the sale price. 

You are liable for reporting and paying all additional taxes, without limitation, tax, GST, duties or other liabilities, ordered by you through our Services.  

While much care has been taken, we can not be held responsible for the accuracy of all information on the site relating to product information, description and pricing as third-parties provide this information. We reverse the right to update information and pricing without notice.

There may be subtle colour or texture variations between the actual product and website image due to screen settings and lighting beyond our control. Please read the description carefully before making a purchase.  

Payment is required in full at the time of checkout (including any additional tax, fees or charges, if applicable). 

You must not attempt to pay or pay through a fraudulent or unlawful means.  If we suspect that this has occurred your order may be cancelled.

Privacy

Please refer to our Privacy Policy

Recalls and Bans

If there is a recall or product ban, you agree to follow reasonable instructions by us to return the goods as quickly as possible. 

Returns & Refunds 

Please refer to our Refunds & Returns Policy.

Taxes

Australian Goods & Services Tax (GST) is included in the price unless otherwise stated.   Other GST/Sales Tax & VAT outside of Australia are NOT included in the advertised price and will be added on at cart using the GEO Location through your IP address.  If the delivery address is different to the IP address then the applicable tax will be recalculated at checkout once the actual delivery address has been entered.

Termination 

LaGela Shoes may terminate these T&C’s and your access to this website at any time without notice. If your account is terminated, you must no longer access the website and must remove any associated links. All the restrictions imposed on you, disclaimers and limitations of liability set out in these conditions of use will survive termination.  LaGela Shoes will not be liable to you for any loss or damage suffered by you because we are exercising our rights under this clause.

Title & Risk

Title & risk of goods passes to you upon delivery including when the goods have been delivered by our shipping company to your nominated address, even if you are not present at the address.

Viruses & Malicious Materials

We do not represent or warrant any information (including any file) or material contained in, downloaded or accessible from or through the Services is free from computer viruses, worms, trojans or any other harmful code, faults or defects. LaGela Shoes will not be held liable to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), however, caused and whether by negligence or otherwise, resulting directly or indirectly from any such information or material. It is your responsibility to protect your software and systems by installing and implementing your own security and system checks. You release us from any such liability.  

You agree not to gain or attempt to gain, unauthorised access to our websites or associated services, including the server on which our data is stored or any database, computer or server connected to LaGela Shoes. You also agree that you will not introduce viruses, trojans, hacking, phishing or other programs, scripts, user content or any other material that may be malicious or technologically harmful to other users of our services or us.

User-Generated Content 

LaGela Shoes can not guarantee the accuracy of the User Content posted (comments, visuals, videos or any other form) to our website or associated services nor may we agree with some of the users’ views and opinions and therefore LaGela Shoes takes no responsibility or liability for user content. 

Participating in LaGela Shoes social media post, competitions, using specific hashtags (#), posting, sharing of photos, publishing or uploading comments, reviews, images, photos, content or any other material to our websites and associated services, you acknowledge and agree that:

LaGela Shoes, licensees, affiliates and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, translate, publish, communicate, reproduce, modify, adapt, publicly perform, create derivative works from, market, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution;         

you own and hold the rights concerning your user content or have consented to use such content;

you comply with the terms & conditions of the platform you are using to create that content;

your user information and content is true, accurate, complete, not fraudulent, deceptive or misleading and does not infringe or violate the privacy of any other person or any third-party rights, including but not limited to defamation, intellectual property rights, moral rights, by containing visual or audible representations of another person or third-party without his/her or their express written consent or violate their data protection or privacy rights and will not give rise to an obligation to make any payment to another person or third-party

the content will not cause harm to LaGela Shoes, any other user or a third-party, or violate their rights including any patent, trademark, trade secret, copyright or other intellectual property or proprietary right including User Content that contains copyrighted material without permission or right to privacy;            

the content does not contain, promote or enable any obscene, pornographic, profane, sexually-oriented, threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal content including any racist, bigoted, hateful or violent content, inflammatory religious or political content, illegal or unlawful activities or otherwise objectionable material or information;                                        

the content does not breach these T&C’s and any applicable local, state, national, international law or regulation;

the content will not contain links or references to a third-party page, website or product;

the content will not bring LaGela Shoes into disrepute;           

the content will be accessible by third-parties, users and visitors you agree LaGela Shoes will not be liable for content used by such third-parties, users and visitors.  

Without reason we reserve the right to at any time to monitor, control, edit or delete user content.  If we contact you to remove or edit such content, you must do so within 24 hours of being notified.

You may contact us anytime at admin@lagelashoes.com to remove your permission.  We will remove your content as quickly as we possibly can from our website and associated services. However, we can not guarantee all traces of the content will be removed entirely from the web, and the content may still be accessible by other unrelated platforms. 

Copyright/Intellectual Property

LaGela Shoes owns all materials displayed on this website, including without limitation all information, text, graphics, names, logos, trademarks, design, software and advertisements (“Content”) and are protected by copyright, trademark and other intellectual property laws. Herewith cannot be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose without the written consent of LaGela Shoes.

Limitation of Liability

To the fullest extent permitted by we, us and ours expressly exclude all warranties, conditions and other terms unless stated or required by Australian Consumer Law and in no event shall be held liable for any injuries, damages and losses whatsoever, including data, profits, revenues, goodwill, reputation or any other intangibles or the cost of procurement of substitute goods and services including but without out limitation to any direct, indirect, special and consequential, punitive or incidental of every kind and nature, known and unknown, related to or associated or arising out of, irrespective if such damages were foreseeable or tort or arise in contract, in connection with the use or inability of use goods or services, performance, failures or delays with goods and services, supply of goods and services, loss of data any errors in, omissions from, information contained in our services including the services being unavailable at any time. 

This does not affect LaGela Shoes liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded, limited or modified under Australian Consumer Law.

You understand and accept that you are responsible for the legality of your actions, negligence, omissions under the laws that apply to you. You agree, all consequences arising from your acts, negligence, omissions or use of the services that we, us and ours do not have responsibility for the legality of your actions or consequences.

Waiver

If we fail to respond to a breach by you or others, this does not waive our right to act to subsequent or similar breaches. LaGela Shoes will not be liable for any loss or cost that may have been caused by the failure, delay or waiver.  This clause survives termination of these Terms.

Disclaimer

LaGela Shoes do not design shoes; we source our shoes from footwear manufacturers and choose from their catalogue. We take no responsibility for any breach of copyright or intellectual property laws.   If you believe any of our products on our website have encroached these laws, please contact us immediately at  admin@lagelashoes.com with full details including your contact name and number.  We will temporarily remove the product from our website until the conclusion of our investigation and will notify the outcome once resolved.

Definitions

Us, we, our means LaGela Pty Ltd ACN 644 840 031 trading as LaGela Shoes ABN 25 644 840 031, our services, our shareholders, directors, representatives, members, managers, officers, employees, agents, our related entities, independent contractors,  suppliers, affiliates, their respective officers, agents, and employees.

T&C’s means Terms and conditions.

Attributions

We truly appreciate the creative design from these contributors

Our Footprint – Heel Flower Pot – Image by unknown 

Style Guide – Open, Peep, Pointed & Round Toe Images All-free-download.com

Style Guide –  Decorative Heel –  Image by Vectorportal.com/ creativecommons.org /licenses/by/4.0/

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